Review of Immigration Lectures | Immigration policy changes three times a day, how should international students respond

9 month 1 number

The food squad held an online event

"Immigration policy changes three times a day, how should international students respond"

Themed lecture

The speaker this time is

U.S. immigration lawyer Meng Xiaojie

Next, the editor will take you to review the content of the lecture

Of this lecturemain contentBe

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Recent immigration policy trends

Is the OPT unemployment period relaxed?

No, and the reporting requirements have become stricter (for example, unemployment or suspension of pay due to the epidemic)
You can apply for OPT after graduation, and the unemployment period cannot exceed 90 days. If it is a STEM major, the extension cannot exceed 150 days. Not only did the regulations on the period of unemployment remain unchanged, a notice was issued on August 8 to more strictly require everyone to report on their work status in a timely manner. The general unemployment period occurs because of a change in status, and the immigration bureau will check the unemployment period. If the immigration office finds that someone has not updated the information directly in the SEVIS system, they can terminate their status. Therefore, the work status must be updated in time.
However, the restrictions on working hours per week have been relaxed (may be less than 20 hours)
And it is still considered to be in a working state, not included in the unemployment period. The most important thing is that the position is related to your major. Now the weekly working hours are also relaxed, so you must make good use of this rule, report in time, and don't let yourself be in a period of unemployment. But it should be noted that there should be no unemployment period, and do not do illegal things, such as affiliation, etc. This kind of risk is greater and belongs to immigration fraud, which will have an impact on subsequent applications.

Have the restrictions on the H1B unemployment period been relaxed?

No, but at the same time, in the case of an epidemic, if there is a delay in delivery, it can be considered as appropriate. For example, if you have found a job for more than 60 days, the application can be treated with leniency. It can be understood that there is a certain relaxation but it is not clearly stated. .

Can H1B draw twice this year? Will it happen next year?

The second draw began on August 8 this year and was announced in the system one after another. It is not certain whether there will be any next year. The second lottery came out because after the first round of lottery was drawn according to the quota, many people and employers did not choose to submit their documents, so many more places were available. This may not happen next year.

Isn't the immigration department layoffs? Will the trial be faster?

At present, the Immigration Bureau has stated that it can last until the end of September, which is the end of this fiscal year, but this does not mean that it is safe, and the situation after that is not sure. However, there is a new regulation on October 9 to increase the application fee and the price increase of other cases to support the future operations of the Immigration Bureau. The Immigration Bureau currently does not lay off staff, but the processing speed will slow down, which will have some impact on ongoing applications.

Has the recent presidential order affected you?

Effective June 6, the ban on H/L/J

Effective June 6, extension of April's ban on immigrant visas

Effective June 6, the ban on F/J visas for military backgrounds

Effective on February 2, a 2-day ban on travel to the United States from mainland China due to the new crown epidemic

Supplement: There is no impact on the current domestic personnel, but the impact on overseas personnel who wish to enter the country is greater. Domestic personnel have a greater impact on military background visas, such as publicly-sponsored international students; if they are non-STEM students or undergraduate students, the impact is not significant.

Work Visa/Authorization

Supplement: The only requirement for wages is h1b, but it is not determined by the amount. There are requirements according to the work location, relevant background and position. Regarding the spouse's permission, the only problem is L2, that is, the spouse of a multinational manager. If it is an H1B spouse, the green card application has reached a certain stage.
Supplement: O1 requirements are the highest, requiring special talents (outstanding talents). H1B requirements are not so high, as long as the professional counterpart is enough, the application window is not for jobs in colleges, or non-profit organizations that do not need to draw lots are not subject to this restriction.

Status options after graduation: work visa and green card

working visa

The most common type of visa for international students: H1B professional occupations
L1: Internal transferee
O1: Outstanding ability (usually for liberal arts or science students)
Treaty countries:
E1/E2, E3, TN
Other: J1

Green card-2 steps

Application: Requirements for applying for a green card
Married family
One job: EB1, EB2/EB3, EB5
Others: asylum, continuous green card lottery, other.
Status adjustment: the actual filing of the green card
When can I submit I-485 to adjust the status?
Main concept: priority date

The road to permanent residence

File submission

Family petition
Employer-sponsored petition (EB1B/EB1C/EB2/EB3)
Now the scheduling time is about 4-5 years
Self-petition (EB1A/EB2 NIW/EB5/Diversity)
Exemption of outstanding talent or national interest
EB5: Investment immigration. Immigration through EB5 is not recommended for mainland Chinese citizens. The reason is that too many people applied in 2016, and the current schedule may be more than ten years.

Wait until the priority date of the day

Immigration application from Mainland China:
Immediate relatives (eg spouse/children/parents of U.S. citizens): always current
Parents need to wait for their children to be over 21 years old before applying
Other: need to wait

Submit I-485 to change status

General rules: must be submitted in a valid state to fill in I-485
Supplement: This is why many people need to have an identity in between. For example, there is no way to go from a student to a green card identity in one step.

补充

The green card application is mainly to wait for the waiting period, which depends on the country of birth. There are a large number of Chinese applicants, and in most cases, they must be scheduled. The only situation that does not need to be scheduled is to apply as the spouse of a US citizen. Outstanding talents also need to be scheduled. Recently, the green card spouse has fewer appointments, and the basic application time is the same as the application time for a US citizen spouse.

Definition of H-1B

What is H-1B?

The H-1B visa is only applicable to foreign workers holding positions in "special occupations" and the foreign workers have the necessary qualifications.
Who is the petitioner?
Employer/company
Supplement: You should discuss with your employer whether you have your own lawyer to apply for, but you cannot submit the application yourself. If the employer is applying for the first time, you may need to provide more information to help the employer apply.

H1B Cap/Lottery

The law sets an annual limit for the H1B visa category

65,000 for bachelor degree or above (accept diplomas outside the U.S.)
20,000 for U.S. local graduate or higher diploma

Before 2020, the government adopted a policy of drawing lots after submitting application materials.

政府财政年度于10月1日开始，H1B可提前6个月(4月1日)提出申请

Before 2020, the government accepted H5B applications within 1 working days. If enough applications are received during this period, the H1B window will be closed for one year, and enough applications will be randomly selected for review

Supplement: The data has not changed in previous years, but it has improved a little this year, reaching around 8. The number of applicants fluctuated around 20 in previous years, and reached 27 this year. The reason is that this year it was changed to register and draw lots before submitting materials. This process will continue next year.

H1B Lottery and Filing H1B Lottery and Filing

Employer or Attorney must register in the USCIS online registration system from March 1, 2020, to March 20, 2020/Employer or Attorney must register in the USCIS online registration system from March 3 to March 1
USCIS notifies selected petitions by April 1, 2020/The USCIS will notify selected petitions by April 4
Case submission to USCIS from April 1, 2020, to Jun 30, 2020/Selected applicants can submit materials to the USCIS between April 4 and June 1
USCIS adjudicates selected petitions The USCIS adjudicates selected petitions

Supplement: The system was launched online in March, and the results can be seen in April through employer applications. This process means that the employer does not need to spend a lot of energy and money to apply before applying, which greatly reduces the employer's application cost. The advantage is that employers are more willing to help draw the lottery, but the downside is that there are more people doing this and the chances of winning the lottery will be lower. This year, those with a master's degree or above account for more than 3%, and those who do not have a master's degree are generally drawn around 4%. If you join the second round of drawing, this percentage will increase.

H1B Myth Tips

Size and revenue of the company is the determining factor.
Not a decisive condition, but under the same conditions, it is true that positions with high salaries and large platforms will have some advantages. The most important thing is that the position corresponds to the profession, and the suitable position is related.
I have a bachelor's degree, so I will qualify for H1B for sure. I have a bachelor's degree, so I will qualify for H1B.
Depending on whether the position requires a degree, an extreme example of a doctoral degree application is also a professional mismatch.
As long as the company is willing to create a position matching my educational background, it should work. As long as the company is willing to create a position matching my educational background for me, it can meet the H1B application requirements.
All post premises are authenticity. If there is false information, it is false information, which is a very serious situation. It depends on whether the employer can create a new job with specific materials.
Selected petition = approved petition? Selected petition = approved petition?
Winning is only the first step, and you need to pass after winning. In the past, the pass rate was over 90%, but now there is only a 70% chance. If an experienced lawyer can increase the application rate, it is still not a XNUMX% thing.
Part-time work is not allowed? Part-time work is not allowed?
Can apply.
Is F-1 status a prerequisite of H1B petition? Is student status a prerequisite for H1B petition?
The H1B application does not require any status as a prerequisite, even if the person is currently in China and not in the United States, as long as the employer is willing to apply.
Supplement: The same applies to H1B change employer applications. If you change employers, you need to reapply for H1B but you don't need to draw lots again if it is within the six-year validity period.

H1B Key Issues main application elements

Specialty Occupation

Wage Level (New issue since 2017)

Employee qualification

Employer-employee relationship company, employee relationship

[Nexus between the position and company/organization operation] The relationship between the position and company/organization operation

Valid status (F1/OPT/STEM OPT)

STEM OPT application process at a glance

Process for Applying for 24-month STEM OPT

1. Employers and F1 students prepare training plans on Form I-983

2. F1 students submit I-983 to DSO for review and confirmation

3. DSO sends a new I-20 and recommends 24-month STEM OPT

You need to submit your I-20 as soon as possible

4. F1 must submit I-765 to USCIS no earlier than 90 days after the initial OPT expires, and within 60 days of DSO's endorsement

5. Working time authorization is automatically extended by 180 days

The most important thing for STEM is to apply in time. Generally, the reason why the application cannot be submitted is that you missed the time. You must apply within 12 months of the original OPT validity period. The application cannot be expired.

Types of work allowed during STEM OPT

Type of Employment: Bona Fide Employer-Employee Relationship

There can be multiple employers, but:

Every student who needs to hire at least F-1 not less than 20 hours per week
Provide training plan for each need
Supplement: It must be a real employer, not a contractor or volunteer.

It can be a startup company, but:

Bona-fide real employee information
Wages equivalent to local American workers

Unqualified arrangements:

Sole proprietorship
Labor rental; temporary labor

Contact information

Lawyer Meng Xiaojie

Partner of Song & Meng, LLP

Member of the American Immigration Lawyers Association, former member of the Consulate Affairs Committee of the Southern California Chapter, and the Los Angeles Bar Association Immigration Chapter Organizing Committee, was selected as the Rising Star in the field of immigration law in Southern California by "Super Lawyers" magazine in 2020

Master of Laws from University of California, Berkeley, Master and Bachelor of Laws from Fudan University

Long-term contributor to Immigration Daily, the American Immigration Law Daily, and author of the immigration column of the "Chinese Guest". Author of many articles related to immigration law and immigration life, which are included in "Qiao Bao", "Study in North America Daily", etc., reprinted for Sina.com and major immigration forums

Expertise: all kinds of work visas, occupational immigration, investment immigration

Representative case:

Successfully represented annual H1B applications from start-ups to large enterprises, involving various positions in science, engineering, literature and business
Successfully represented the H1B reconsideration appeal application and persuaded the Immigration Bureau to overturn the previous denial decision
Successfully represented L1 and later EB1C applications of multinational company executives of different types of companies
Successfully represented EB1 outstanding talent applications for people from the performing arts, business and scientific research circles
Successfully represented difficult EB5 direct investment cases and a large number of regional center cases

phone: (626) 339-9363

Email: info@songmenglaw.com

Website: www.songmenglaw.com

WeChat: xianhua_immigration

(Customer Assistant WeChat)

Q&A session

Q1: What should I do if I am unemployed with J1 visa? What is the difference between the J1 visa application green card and the H1b green card application?

A1: The J visa is no different from others in many aspects. The biggest limitation is that visiting scholars from China have a two-year return service period, which is the 212E limit. If you are subject to this restriction, you can be exempted in the United States. If you receive financial assistance from China, you need to obtain a letter of no objection from the Chinese Embassy before applying with the US State Department. If you cannot get an exemption, you can only return to your country. If you are limited by the service period, there is no way to transfer your status within the United States.

Q2: Are there any new developments regarding H4-EAD? Does it take some time to take effect even if it is cancelled?

A2: It is one of the most worried types since Trump took office, but it is valid now, and you can continue to apply. It is uncertain whether it will be cancelled later. It is recommended that those who meet the conditions can apply as soon as possible. In other cases, once cancelled, it is just not possible to apply for a new one, but the existing application will not be cancelled.

Q3: According to the news, the United States is going to relax visas for doctors, dentists, and nurses, but I can't find the following. Has Attorney Meng ever been in contact with the case of studying and practicing medicine in the United States? Thank you!

A3: In fact, there are always some special regulations for doctors' green card application. Compared with others, there will always be a little technical relaxation, but the normal process is still applied. It's just that some steps will be reduced when going through the process. Relaxation means that there are now some bans or some consulates are closed. For example, if there are I-140 or I-129, these visas can be given priority to enter the United States, but it does not mean that an additional channel will be opened.

Q4: May I ask about the green card rejection?

A4: Specific analysis can be made only when detailed information is needed. You can contact lawyer Meng.

Q5: I would like to ask whether USCIS will lay off staff next year and the speed of applying for OPT next year. I am an undergraduate. I want to use OPT for internship in the summer before the start of graduate school. Thank you! I am currently taking online courses in China. If I graduate this semester, can I return to the United States to apply for OPT in the following semester? Thank you!

A5: According to the current autumn regulations, it is completely possible. It will not affect the application for OPT if you need to maintain online classes in China. But if the person has not returned to the United States when applying for OPT, this situation is hard to say. Some applications have been passed overseas. It is recommended to submit the application as soon as possible if you have the opportunity. The most important thing is to hurry up and not miss it. As for the possibility of layoffs, there will be more funds after applying for a price increase, and there will be many changes now, and it will not be easy to say next year. The thing to do is to plan first and pay attention to the latest information and trends in time.

Q6: How does the recent policy affect the marriage green card? I just submitted the documents for applying for a marriage green card last month. My J1 visa will expire in June next year (if you have 6 years, you must return to China). Will it affect my stay in the United States under normal circumstances?

A6: The marriage green card itself has not changed, but if the two-year service period of the J1 visa is not lost, the spouse of US citizens will not be able to continue to apply for the green card.

Q7: 本身在2019递交了EB-5绿卡申请，但F-1 已经在今年8月过期。1）我必须回国进行F-1 续签吗？2）因为已经递交移民申请，回国续签F-1会有影响吗？

A7: If it refers to the expiration of the passport VISA, the impact is not significant. The visa in the passport does not affect the status in the United States. For student status, as long as the I-20, I-94, and SEVIS are valid to stay in the United States, there will be no problem. The expiration of VISA only affects the moment of entry, as long as you can enter within the validity period of VISA In the United States, the expiration will not affect the status of staying in the United States.

Q8: What can I do if I am afraid of contracting the virus after I arrive in the United States due to my physical condition (such as cancer or chronic diseases), and I cannot return to the United States within half a year or even a year? Can I show certain documents to immigration officials to make customs clearance easier?

A8: In the case of green card status, the regulations on maintaining the status of the green card have not been relaxed, and in the best case, they can return within half a year. This is a short-term trip, and the possibility of being questioned by the customs is relatively low. It is not possible to return to the United States with a green card only for more than one year. If there is no reentry permit, there are two possibilities for entry. One is to enter the country with a definite answer, you can go to the consulate to apply for the VISA of the returning resident, referred to as SV-1; second, if the consulate is closed, you can apply with the customs to let you enter the country. If possible, you can fill in an I-193 form and pay $585 You can enter the country, but you need to provide whether there is a reason for you to stay outside the United States for a long time, such as a doctor’s certificate, which should be understood by the customs.

Q9: 今年6月初交的H1b申请，10月1日前如果还没有进展，怎么办？

A9: I am more worried, or my work permit is about to expire. If I spend thousands of dollars on an expedited rush, I can get the result within 15 days.

Q10: My friend's F1 status has finished his class, but he graduates next year and currently needs to return to China, but he graduates next year. Can he use F-1 again next year? He wants to stay in the United States now, can he be converted into b-2?

A10: If next year is just a graduation ceremony or something, you need to come in with B2 status.

Q11: Hello lawyer, I will start to apply for a marriage green card during f1. I will receive an EAD card during the green card waiting period. During my studies at f1 (not during the opt period), I can use the EAD full-time work linked to the green card (40 Hours off campus)?

A11: Yes, but after working with EAD status, it is not an F1 status. Just make sure to work after taking EAD status.

Q12: If there is something to leave at home at the end of the year, the H1B still has three years of validity but the visa has expired. Is there a high risk of not coming back next year?

A12: The State Department made a clarification earlier that the H6 ban on June 24 does not address the situation of people in the United States on the day the ban takes effect. If you leave now, it will not be affected. In theory, you can now return to your country with a visa. There is good news recently that the consulate has not opened. If you want to apply for the same type of visa, you can avoid the interview.

Q13: Can I continue to apply for H1B during O1 visa?

A13: Yes, H1B does not presuppose any identity.

Q14: I would like to know more about some answers in the second round of the lottery (May I ask if you won H1B in the second round of the first year of OPT, and you are now preparing to submit it. If you have not submitted the STEM extension now and the H1B is rejected, you will not Will result in termination of identity. Thank you!)

A14: It's too broad, but our official account will soon have a new article specifically about what to pay attention to in the second round of lottery. The answer to the latter question is yes. If H1B fails and OPT expires, it will be in a state of no identity. It is generally recommended to submit an application for STEM OPT at the same time, because you can apply for up to two times, which can be used as a guarantee of identity.

Q15: The fourth year of H2020b starts on July 7, 1. The first application was for 1 years and the extension was one year. In early June, the second extension was submitted for two years. I am still waiting for the result when I got the receipt. The employer is a private university. Question 3: Does not know the current situation, will the probability of rejection increase? Question 6: Now I am preparing for the NIW application, whether I can get I-140 approval within two years

A15: The probability of rejection will not increase. Although the Immigration Bureau has now cancelled the deference of the previously approved case, if it is still the same employer and the same employee, the probability of passing is higher. NIW now takes 5-7 months to apply. Two years is actually sufficient, but the preparation time needs to be fast. Two years should be sufficient.

Q16: There is another colleague's question, Iranian, currently J1, has submitted I-485 for more than a year, has an EAD card but has not received a green card. Now J1 is about to expire, can it be extended? Or do I have to start using the EAD card?

A16: In this case, an EAD card is required.

Q17: Hello, lawyer Meng, my green card EB3 priority date is August 2017, and the green card EB8 delivery date announced by the Immigration Bureau in September is 9 months away from May 3, 2017. My husband has already made an appointment with the consulate In October of this year, I changed my visa from B5/B1 tourist visa to H3 spouse visa, and I plan to come to the United States to file 10 with me. However, subject to the current presidential decree, H1 visas cannot enter the country. I would like to ask attorney Meng, if the appointment is up, can I help my husband enter the country by writing an invitation letter from the lawyer to the customs officer? Any suggestions in this situation?

A17: Two executive orders will affect, one is on June 6, but according to the clarification in August, the husband’s entry will not be affected, and the spouse will not be affected no matter where the person is. As long as your June ban is in force in the United States, you and No husband will be affected. The second order is the February ban on the epidemic. It is more difficult to bypass this regulation, but you can find a third-party country that is not affected by the ban and can still enter the country after 22 days.

Q18: Will the direct transfer from F1 to H1B (without OPT) be affected by recent policies? What needs attention?

A18: People in the United States are not affected by various prohibitions, but the process is still very strict. Recently, the Immigration Bureau has asked about the retention of student status. If there are no other problems and have been in class, this situation is better explained.

Q19: If you want to work in a university after graduation, what kind of visa does the university provide? Will universities hire f1 opt visas?

A19: Different universities have different policies, so you need to find out what kind of visa the university supports. OPT status is generally not a problem, but some colleges and universities have certain restrictions on supporting H1, or do not apply for H1 or O1, generally hope to apply for J1, but there is still a two-year service limit for mainland Chinese citizens. So the most important thing is to contact the university's own requirements.

Q20: What happens if H1B expires in 6 years but has not applied for a green card?

A20: Many people cannot get a green card after expiration in 6 years. They need to apply for an extension after expiration. This is possible with H1B, provided that the green card has reached a certain stage, such as I-140 approval. If you did not get a green card because of the expiration date, you can apply for an extension for three or three years until the expiry date.

Q21: Hello, Lawyer Meng, I have a Chinese friend whose baby will be born in the United States through a surrogate mother in November this year. However, due to the US travel ban due to the epidemic, those who have stayed in China in the past 11 days cannot enter the United States. My friend’s daughter was born in the U.S. last year and is a U.S. citizen. If my friend brings her daughter’s U.S. birth certificate and passport (due to the epidemic, the friend will not take her daughter to the U.S.), is it possible to enter the country in this case because the ban will not Restrict immediate family members of U.S. citizens.

A21: The 14-day rule has some exemptions. For example, you are the parent of a US citizen and the US citizen is a minor, so in this case, you can come directly.

Q22: 常见的H1B申请材料过程中常见的错误是什么呢？未来2年内预计绿卡的政策和排期会有什么变化呢？未来2年内境外激活H1B的风险会加大吗？

A22: Regarding the first question, we can first review the main application elements involved in applying for H1B. The main application elements for applying for H1B: 1) Specialty Occupation 2) Salary level 3) Your qualifications 4) Your student status. These are the most common questions that will be asked during the application process.

Q23: Will H1B have any problems if I leave the country and come back?

A23: Assuming that you do not have a valid identity but leave the country, you must first update your visa. Assuming that your identity has not expired, it depends on your destination. If your destination is a high-risk area, you will not be able to return to the United States directly from that destination within 14 days, unless you meet some specific requirements to get an exemption. Assuming your destination is China, you must first go to a third country that is not affected by the epidemic before you can return to the United States smoothly.

Q24: Can I apply for EB2 NIW at the same time the company applies for EB2?

A24: Yes, one person can apply for multiple categories at the same time, depending on which row is faster. If there are family and employers, they can also apply at the same time.

Q25: How to apply for Transfer for H1B draw?

A25: The premise is that H1B has passed. So it is just a lottery, but it is not passed, then there is no way to transfer the materials at this time. What we can often see in the current second round of lottery is that an applicant is lucky to find that he has been selected, but has left the original employer at this time, so at this time, your quota is not available If you are a new employer, you must continue to apply through the original employer.

Q26: Attorney Meng, I would like to ask, I won the second round of H1B, but if there is no progress before October 10, what should I do? How should the cap gap be calculated?

A26: The first half of the questions have been answered before. The cap gap is only until September 9. For example, if your job ends before 30/10, the relevant agency can only help you delay until 1/9 at most. If you submit your application before the deadline, you can continue to stay in China, but the problem is that you will lose your legal work permit at this time.

Q27: How can I find the winning rate of major companies?

A27: I am afraid that there is no specific database to find out. The winning rate is a random thing. It is meaningless to check the winning rate. This is only related to your luck.

Q28: Can I apply for H1B for international student nurse majors? Is there any special visa for the nursing profession when applying for a work visa?

A28: Generally speaking, most nurses cannot apply for h1b. However, in the early years, the Immigration Bureau issued special regulations that nurses in certain positions can apply. For example, the title of this nurse must be advanced practiced registered nurse before applying, that is to say. Not all practiced nurses can apply, only nurses who are more advanced and handle complex matters can apply. Regarding the second question, there is no special visa, because very few nurses can meet the criteria of "outstanding talent." In fact, most nurses in the United States apply for green cards directly.

Q29: Is there any specific time requirement for the expiration date of the f1 visa when the stem opt extension is used?

A29: When you applied for STEM OPT, it had nothing to do with the visa in your original passport. STEM OPT just means that there will be requirements for the end of your original 12-month OPT, which must be 12 days before the end of this 90-month OPT at the earliest, and cannot exceed the end of the original OPT at the latest. So you must apply for this 90-day window.

Q30: I want to use the 2020.6-2021.6 project to apply for stem opt, but the first month of school is to stay in the United States with a travel visa for online classes. Will this affect the subsequent opt and subsequent h1b applications? Thank you!

A30: Since I am not particularly clear about the timeline for this classmate’s questions, I can only give a rough answer. The alias of stem opt is also called opt extension. You must first apply for a 12-month opt, and then apply for a stem opt before the deadline for this opt. The premise of OPT is that you must maintain your legal status during this period. If you do anything illegal during this period, it will definitely affect subsequent applications.

Q31: I would like to ask what are the risks of extending I-94 at the border (San Diego) after renewing the passport? My H-4, my spouse’s I-797 is valid until June 2022.

A31: First of all, I don't know if your current status has expired. Assuming that your status has not expired, that is no problem. You can update to the same time as your spouse. If your status has expired, it depends on the length of your expiration time. I would suggest you to consult a lawyer.

Q32: Excuse me, I am currently in student status F1, and I am waiting for the result of the h1b application this year. But if I apply for a school vacation (you don't need to attend classes but remain active F1 status, and only go to an Internship to keep part time CPT work), will it have any impact on h1b?

A32: This question sounds a bit suspicious. After all, as a student, you must go to class. Even though the rules for online classes are now relaxed, it is not recommended to take only one class, and it is only an internship. Because if he wants H1B status later, he will first: 1) require your student status to be legal, 2) require you to be a full-time student. Therefore, combining the situation of this classmate does not seem feasible. Of course, if the school unilaterally goes wrong, then all the affected students will be affected.

Q33: Can I apply for H1B for international student nurse majors? Is there any special visa for the nursing profession when applying for a work visa?

A33: This question has been answered before.

Q34: I am applying for a green card for H1b. I-140 has been approved. Can I change my employer in this case? Is there any influences?

A34: This issue is indeed of concern to many people. Please remember that you can change employers during your green card application period, as long as any employer is willing to accept your H1B. But the employer you change at different points in time will affect your entire green card application process. For example, if the student's I-140 has been approved, even if you change employers, your original schedule will still be retained. Even if your employer revokes your I-140, you can still keep your original schedule. Another thing to consider is that your new employer must help you go through the necessary procedures (including PERM, including I-140) again. After completing this procedure, you can get your green card. But don’t worry, even if you go through the process again, the scheduling position you originally applied for will not change, and your position will always follow you. Just remember that after changing to a new employer, you must ask your new employer to apply for you again.

Q35: In the current environment, what if I cannot find a job within the 90-day unemployment period of OPT? What are the consequences of not working for more than 90 days?

A35: If there was no work for more than 90 days, no one was in charge. But starting from these two months, because the Immigration Bureau issued a new relevant announcement, if your employer information has not been updated, and the unemployment period has expired, if it is not updated, the relevant agency will warn you and notify you if it is not updated within 15 days With new information, their organization will cancel your identity, such as changing your identity to a state of terminate. If your identity is officially lost, you will be arranged to leave the country.

Q36: May I ask a lawyer, if I apply for a green card, is the I-140 only the main applicant? Can the spouse of the green card applicant and the main green card applicant obtain a green card at the same time?

A36: When applying for I-140, only the main applicant's information is the main one. The family members mainly joined together during the I-485, so that they can obtain the green card together with the spouse.

Q37: Do I have to return to my country to renew my F-1? If I have to, because I have already submitted an immigration application, is there a possibility that I will be rejected when I return to my country to sign the F-1?

A37: Because I don't know the reason for your return, I can only give a general answer. If you find that your visa has expired and you want to return to your country, I would like to remind you that you do not necessarily need to return to your country. As long as your I-20 continues to be valid, your F1 status in the United States is continuously valid and you do not need to leave the country. Renew your F1 visa. Unless you have something to leave the United States, at this time if you return to the country, you need to renew your F1 visa. If you have already submitted your immigration application, it may be rejected when you go back to the interview. But he will not reject you directly, just saying that they will want you to provide more proof to prove that you have no tendency to immigrate.

Q38: I was rejected for my marriage green card, and I received a notice of appearance from the immigration court last month. My husband is a citizen, and I was judged to be a fraudulent visa by the USCIS. Entry in 2015 with a tourist visa. Then I decided to get married in the United States temporarily. I applied for 485 and i 42. I was refused a marriage green card and received a notice of appearance from the immigration court last month. My husband is a citizen, and I have been designated as a fraudulent visa by the USCIS. Entry in 2015 with a tourist visa. Then I decided to get married in the United States temporarily. Both my 485 and I-601 applications were rejected. We have been married for 5 years and our child is 3 years old. If my husband is diagnosed with depression, we don't know our chance of winning in court.

A38: I don’t know if you already have a lawyer helping you, but I’m surprised that I-601 was rejected based on your situation. Because as usual, it is more likely to be passed. I hope you can communicate with the lawyer again within the effective time, hoping to get a better result in the end. Your situation is quite special. It is recommended that you consult a lawyer alone for more in-depth advice.

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